Railroad v. Wyrick

The defendant in error, Arminda Wyriek, recovered a verdict and judgment in the Circuit Court of Grainger County against the railroad for the sum of $5,500 for the alleged negligent killing of her husband. A motion for a new trial and in arrest of judgment was made on behalf of the company. The Circuit Judge was of opinion the damages assessed by the jury were excessive, and plaintiff’s counsel entered a remittitur of $2,500. The Court, thereupon, overruled the motion for a new trial, and pronounced judgment in favor of *502plaintiff below for $3,000. The company appealed, and has assigned errors.